andhrawala1000
03-16 07:20 PM
Pay stub amount is not in issue. Paystub is submitted as evidence that you are working (and thus in valid status on day you file the H1). As for visa, a valid visa in ppt can be used for travel though you have changed employers. But on reentry you must show the original receipt notice of employer (to whom you transferred). If you have got the approval, show that to get an extended I-94 and documenting correct employer on the I-94 and USCIS records.
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acecupid
07-16 12:42 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
crystal
11-12 04:28 PM
yes
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
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ssg.gcl
10-12 04:44 PM
Thanks for your response.
But both of my labor certifcates are from the same company. I read somewhere I-140 is for intending to employ me. How can they employ me in two categories one on EB3 and one on EB2.
Do you see any disadvantage if I file both from the same company.
Thanks.
But both of my labor certifcates are from the same company. I read somewhere I-140 is for intending to employ me. How can they employ me in two categories one on EB3 and one on EB2.
Do you see any disadvantage if I file both from the same company.
Thanks.
more...
WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
delhirocks
06-23 12:22 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
If dates retrogress, I-485 processing is FIFO based on PD.
more...
iman.karta
12-27 04:02 PM
Hi all,
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
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eswaraprasad73
02-07 03:10 PM
I have valid H1B visa in my passport.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
more...
Alabaman
02-11 11:26 AM
this is what i think... i am no expert.
wait until you get ur SSN before you file.
you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.
Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?
wait until you get ur SSN before you file.
you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.
Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?
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sunny1000
11-26 07:34 PM
I can not take infopass appointment as I don't have receipt number. Alos, I called up USCIS and they informed me that it is taking longer time for entry and so far they don't see my EAD and AP entries in their system. Although they have received I-485 which was sent along EAD/AP. I just wondering if anyone come across similar sitaution, also does it make sense to file EAD/AP again without any further waiting ?
Once you call USCIS on the 1-800-375-5283, try the following option sequence:
1-2-2-6 (key your 485's receipt number) -1-1 (listen to the case status) -3-4.
The last option (#4) enables you to get to an IO since you "filed a few applications together and think that some of them got seperated or lost".
If you already tried the above and it was not fruitful, please disregard this post.
Once you call USCIS on the 1-800-375-5283, try the following option sequence:
1-2-2-6 (key your 485's receipt number) -1-1 (listen to the case status) -3-4.
The last option (#4) enables you to get to an IO since you "filed a few applications together and think that some of them got seperated or lost".
If you already tried the above and it was not fruitful, please disregard this post.
more...
Devils_Advocate
04-08 11:46 AM
Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
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msadiqali
01-04 10:32 PM
My Case:
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
more...
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fatboysam
02-12 08:33 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
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noida123
07-28 08:46 PM
It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
more...
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Curious_Techie
10-17 10:36 AM
Friends I have a relative who is willing to get his GC via EB-5 Category.
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
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imh1b
10-26 08:44 AM
USCIS - USCIS Issues Two Precedent Appeals Decisions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f8925403f0bcb210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
more...
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zCool
04-23 12:21 PM
You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
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davesmith
01-29 09:33 AM
Please let me know how can i get information for Family Based GC Category 2B. I am trying to find out expected time frame for GC filled in 2B category in May 2005.
I would be very thankful for you immediate reply.
Please Reply
Thanks
I would be very thankful for you immediate reply.
Please Reply
Thanks
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Munshi75
06-05 06:23 PM
Open a thread for yourself!!!
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
LostInGCProcess
02-05 02:50 PM
I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.
You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.
You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.
raysaikat
08-22 11:58 PM
I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
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